Richard J. Carey v. State Farm Mutual Insurance Company

367 F.2d 938, 1966 U.S. App. LEXIS 4791
CourtCourt of Appeals for the Fourth Circuit
DecidedOctober 6, 1966
Docket10476_1
StatusPublished
Cited by14 cases

This text of 367 F.2d 938 (Richard J. Carey v. State Farm Mutual Insurance Company) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Richard J. Carey v. State Farm Mutual Insurance Company, 367 F.2d 938, 1966 U.S. App. LEXIS 4791 (4th Cir. 1966).

Opinions

SOBELOFF, Circuit Judge:

In a declaratory action to determine coverage under an automobile liability insurance policy, the District Court, sitting without a jury, entered judgment against the defendant insurer.1 2The insurance company’s appeal challenges the District Court’s conclusion that the automobile was covered under the policy. It also complains of the exclusion of certain proffered evidence bearing on the ownership of the automobile.

On September 1, 1961, the plaintiff, Richard J. Carey, was injured when his car collided with a 1961 Chevrolet driven by Cecil Foster, the son of Virgil Foster. As a result of the accident Carey recovered judgment against Cecil Foster in the amount of $45,000. It is not disputed that the Chevrolet was covered by a standard liability insurance policy, issued by the defendant to Cecil Foster and Virgil Foster as named insureds and effective for the period from June 27, 1961 to September 13, 1961. The defendant paid Carey its maximum liability of $15,-000 under this policy, leaving $30,000 of the judgment unsatisfied.

This litigation grows out of a dispute over the interpretation of the term “owned automobile” contained in another policy, issued on December 20, 1960, by the defendant insurance company to Virgil Foster covering a 1956 Hudson owned by him. It was what the defendant calls a “family automobile” policy in the amount of $25,000, and was in force at the time of the accident. Carey made demand on the insurance company for the amount of this policy, in further satisfaction of the $30,000 balance still due him on his judgment against Cecil Foster. Upon the insurer’s denial of liability Carey brought this action for a declaratory judgment. The District Court gave judgment for the plaintiff,3 holding that the Chevrolet was an “owned automobile” within the definition of the “family automobile” policy and therefore under its coverage.

I
The family policy provides that:
“PART I — LIABILITY
******
Persons Insured. The following are insureds under Part I:
(a) With respect to the owned automobile,
(1) the named insured and any resident of the same household,
(2) any other person using such automobile, provided the actual use thereof is with the permission of the named insured;”

By endorsement on the policy, the definition of “owned automobile” was amended to provide as follows: 3 “ ‘Owned Automobile’ means

(a) a private passenger, farm or utility automobile described in the policy,
(b) a trailer owned by the named insured, provided with respect to Part III it is described in the policy,
(c) a private passenger, farm or utility automobile ownership of any of which is acquired by the named insured during the policy period, provided * * *
(2) the company insures all private passenger automobiles, farm [941]*941automobiles and utility automobiles owned by the named insured on the date of such acquisition and the named insured notifies the company within 30 days following such date * * * ”

The plaintiff maintains that when Virgil Foster acquired the Chevrolet on June 24,1961 and then, on June 27, within 30 days, gave notice of this fact to the insurer by applying for and obtaining additional insurance covering this vehicle, it became an “owned automobile” under the definition in the family policy and was thus insured under that policy on the date of the accident.4 The insurance company answers that an examination of the facts reveals that the parties did not intend to insure the Chrevolet under the family policy. Its position is that when Virgil Foster purchased additional specific insurance on the Chevrolet he thereby elected to insure it only under the specific policy and to waive any insurance available under clause (c) (2) of the family policy. The insurer also contends that the automatic insurance clause constituted merely an irrevocable offer to insure newly acquired vehicles, which the insured was required to accept within thirty days of the acquisition of a new vehicle. It argues that Virgil Foster’s notification in the form of an application for additional specific insurance covering the Chevrolet operated as a counteroffer, which was accepted by it upon issuance of the June 26, 1961 policy containing terms and conditions different from those in the family policy.5 Invoking general contract principles of offer and acceptance, the company says that its original “offer” was rejected by the “counter-offer” and the subsequent issuance of the specific policy covering the Chevrolet.

We agree with the District Court in its holding that the Chevrolet was insured under the family policy as an after-acquired automobile. The insurer is bound by the express terms of its contract of insurance. When those terms, taken in their ordinary sense, convey a clear and unambiguous meaning, a court cannot indulge in ferreting out hidden meanings or unexpressed ' intentions to relieve the insurer of liabilities assumed in the policy. When ambiguities arise, the intent of the parties is controlling; but if any doubt remained it would, under the familiar rule, be resolved in favor of the insured since the insurer formulated the language in the policy. See Imperial Casualty & Indemnity Co. v. Relder, 308 F.2d 761 (8th Cir. 1962); 13 Appleman, Insurance Law and Practice § 7482 (1943).

However, we find no ambiguity. The defendant, in clause (c) (2), expressly undertook to insure all after-acquired private passenger vehicles of the insured, provided that notice of the acquisition is given within 30 days. Virgil Foster gave the requisite notice when he requested the defendant to transfer the insurance on his old automobile — a Plymouth — to the Chevrolet. The defendant’s position that this notice operated either as a waiver or counter-offer is untenable. Frequently, automobile owners are unaware of the extent of coverage provided by their liability policies. Policies are long, detailed, and printed in type so small as to discourage close reading by the ordinary policy holder to determine precisely the coverage provided. It would be unreasonable to ascribe to Virgil Foster an intention to waive any additional protection to which he was entitled or to reject it by applying for specific insurance on [942]*942the Chevrolet.6 If the defendant intended to insure newly acquired automobiles only as long as no specific insurance was taken out to cover them, it could have stated this expressly. If, as defendant suggests, it is anomalous to have two policies covering the same automobile, specific language obviating this could have been included in the family policy. Indeed, the simple omission of the provision in question would have avoided all question. The provision means what it says.

Moreover, the inclusion of a further provision for a premium adjustment on the family policy in the event of the acquisition of an additional automobile strongly implies coverage.7

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Satterfield v. Erie Insurance Property & Casualty
618 S.E.2d 483 (West Virginia Supreme Court, 2005)
Christensen v. Mountain West Farm Bureau Mutual Insurance
2000 MT 378 (Montana Supreme Court, 2000)
Christensen v. MOUNTAIN WEST FARM BUREAU MUTUAL INS. CO.
2000 MT 378 (Montana Supreme Court, 2000)
Key v. Allstate Insurance Company
90 F.3d 1546 (Eleventh Circuit, 1996)
Greenbaum v. Travelers Insurance
705 F. Supp. 1138 (E.D. Virginia, 1989)
Perry v. Connecticut General Life Insurance
531 F. Supp. 625 (E.D. Virginia, 1982)
State Farm Mutual Automobile Ins. v. Perry
26 Va. Cir. 430 (Bath County Circuit Court, 1980)
State Farm Mutual Automobile Insurance v. Carpenter
367 A.2d 609 (Supreme Court of New Hampshire, 1976)
Beck v. Aetna Casualty & Surety Company
553 P.2d 397 (Colorado Court of Appeals, 1976)
Harleysville Insurance v. Rosenbaum
351 A.2d 197 (Court of Special Appeals of Maryland, 1976)

Cite This Page — Counsel Stack

Bluebook (online)
367 F.2d 938, 1966 U.S. App. LEXIS 4791, Counsel Stack Legal Research, https://law.counselstack.com/opinion/richard-j-carey-v-state-farm-mutual-insurance-company-ca4-1966.